Reflection Of The Traditional Chinese Legal Culture, Harmonious Society Perspective

Basic theories of legal culture are crucial for researches on traditional Chinese legal culture. This paper, by researching Chinese legal culture, analyzes modernization of traditional Chinese legal culture. It is argued that traditional Chinese legal culture is also valuable heritage, but it is generally obligation-based;"no litigation"in value orientation; and driven by constant social material developments. With these spirits in mind, the author argues some features of traditional Chinese legal culture is out-dated, dissects their formation from nature environment,economic base , political structure and latter-day impacts especially in forming a harmonious society. Finally, the author analyzes major legal issues in forming a harmonious society in China and argues that to solve these problems, in addition to carrying on its merits, Chinese legal culture needs to be transformed from law being tools to being supreme, from the "rule of man" to the "rule of law", from personal-obligation-based to awareness of rights, from pursuit of"no litigation"to pursuit of fairness and justice.